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    <journal-meta />
    <article-meta>
      <title-group>
        <article-title>Public Policy Challenges: An RE Perspective</article-title>
      </title-group>
      <contrib-group>
        <contrib contrib-type="author">
          <string-name>David Callele</string-name>
          <email>Callele@cs.usask.ca</email>
          <xref ref-type="aff" rid="aff2">2</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Birgit Penzenstadler</string-name>
          <email>birgit.penzenstadler@csulb.edu</email>
          <xref ref-type="aff" rid="aff1">1</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Krzysztof Wnuk</string-name>
          <email>Krzysztof.Wnuk@bth.se</email>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <aff id="aff0">
          <label>0</label>
          <institution>Department of Software Engineering, Blekinge Institute of Technology</institution>
          ,
          <addr-line>Karlskrona</addr-line>
          ,
          <country country="SE">Sweden</country>
        </aff>
        <aff id="aff1">
          <label>1</label>
          <institution>Dept. of Comp. Eng. and Comp.</institution>
          <addr-line>Sci., CSULB, Long Beach</addr-line>
          ,
          <country country="US">USA</country>
        </aff>
        <aff id="aff2">
          <label>2</label>
          <institution>Dept. of Computer Science, University of Saskatchewan</institution>
          ,
          <country country="CA">Canada</country>
        </aff>
      </contrib-group>
      <abstract>
        <p>- In this perspective paper, we investigate the parallels between public policy and IT projects from the perspective of traditional RE practice. Using the mainstream media as an information source (as would an average citizen), over a period of approximately one year we captured documents that presented analyses of public policy issues. The documents were categorized into eight topic areas, then analyzed to identify patterns that RE practitioners would recognize. We found evidence of policy failures that parallel project failures traceable to requirements engineering problems. Our analysis revealed evidence of bias across all stakeholder groups, similar to the rise of the “beliefs over facts” phenomenon often associated with “fake news”. We also found substantial evidence of unintended consequences due to inadequate problem scoping, terminology definition, domain knowledge, and stakeholder identification and engagement. Further, ideological motivations were found to affect constraint definitions resulting in solution spaces that may approach locally optimal but may not be globally optimal. Public policy addresses societal issues; our analysis supports our conclusion that RE techniques could be utilized to support policy creation and implementation. (Abstract) Index Terms-Requirements engineering, public policy, bias, unintended consequences, mainstream media, ideology and belief, failure. (key words)</p>
      </abstract>
    </article-meta>
  </front>
  <body>
    <sec id="sec-1">
      <title>I. INTRODUCTION</title>
      <p>We believe that there is a strong parallel between crafting
public policy in response to (societal needs to meet) citizen’s
goals and software crafted (in response to requirements) to
meet stakeholder goals. In this context, we define public policy
as the mechanism through which societal challenges are
identified and addressed by the creation of policies, laws and
regulations as enacted by government. We see sustainability as a
significant societal challenge that could be addressed by effective
policy creation and implementation.</p>
      <p>
        Requirements Engineering (RE) practices such as goal
identification and modeling, requirements analysis,
requirements negotiation, prioritization and triage have direct
correspondence with the political process of policy identification,
policy creation and with resolving challenges associated with
realizing policy goals [16]. What is not as clear is the
correspondence between RE practices associated with identifying
risks, threats and unintended consequences [
        <xref ref-type="bibr" rid="ref11">11</xref>
        ], and
developing appropriate mitigation strategies for the proposed policies.
Unintended consequences and mitigation strategies are
particularly important for sustainability initiatives.
      </p>
      <p>Given the perceived correspondence between the domains,
we decided to investigate further. However, we are not public
policy experts and we chose to investigate the issues just as
members of the public would do, using the information source
most readily available – the Main Stream Media (MSM), rather
than using the (traditional) peer-reviewed literature. In other
words, we wanted to know whether public policy initiatives
that received MSM coverage appeared to have any
characteristics revealed in their reporting that confirmed the analogy with
RE for software artifacts. We observed evidence of bias in the
reported positions, bias in those doing the reporting and even
evidence of “fake news” effects.</p>
      <p>Our initial investigations led to the following research
questions:
1. Can we identify challenges associated with defining,
formulating and realizing public policies?
1.1. Do the challenges have analogs in RE for software
intensive systems?
2. How could RE techniques help mitigate the identified
public policy challenges?
2.1. Can RE techniques be used to proactively identify
possible public policy challenges during formulation
and before enactment?</p>
      <p>To answer these questions, we performed an explorative
case study using North American mainstream media and
categorized the motivating problem, goals and solutions for eight
topics that received significant MSM coverage over the study
period. The study materials were gathered by monitoring news
feeds (e.g. Google News) for a period of approximately one
year and capturing those documents that presented a public
policy issue along with analysis or commentary. We reviewed
the documents en masse, then categorized and coded them.</p>
      <p>Our analysis revealed evidence of (apparently unintentional
and often large-scale) side effects. These unintended artifacts
appear to exhibit many of the classic RE problems that occur
during the development of software-intensive systems.</p>
      <p>The rest of this paper is organized as follows. In Section 2
we review prior and related work. Section 3 presents the
research methodology, research design and discusses threats to
validity. Section 4 describes the data collection and analysis
efforts and Section 5 presents our observations. A
supplementary discussion follows in Section 6 and Section 7 presents the
conclusions and directions for future work.</p>
    </sec>
    <sec id="sec-2">
      <title>II. PRIOR AND RELATED WORK</title>
      <p>We present related work from the topic areas of ideological
biases in stakeholders, mainstream media as information source
in RE, challenges of data mining versus humanism, and
problem analysis in other domains using RE tools.</p>
      <sec id="sec-2-1">
        <title>A. Ideological biases in stakeholders</title>
        <p>
          The works on ideological biases in stakeholders are
principally in the area of business policy. For example, in 1986,
Shrivastava [
          <xref ref-type="bibr" rid="ref39">45</xref>
          ] discusses whether strategic management is
ideological, and reviews 20 years of strategic management and
business policy research and practice. He points out critical
criteria like the denial of contradiction and conflicts as well as
the naturalization of the status quo, and advocates for an open
conversation between managerial interests and societal
stakeholders of organizations. Parts of such an open conversation,
albeit very limited, are mass media articles like the ones
analyzed in the current work.
        </p>
        <p>
          Handelmann et al. [
          <xref ref-type="bibr" rid="ref19">25</xref>
          ] discuss ideological framing in
stakeholder marketing based on a longitudinal analysis of
stakeholder dynamics in more than 2,000 articles from 45 years
of grocery retail trade. They conclude that the interpenetration
of strategic and institutional factors has implications for
stakeholder marketing. This ideological influence on institutions is
also detectable in the media analyzed in our study.
        </p>
        <p>
          Entine [16] critiques the myth of social investing based on
an analysis of the flaws of proclaimed objective ratings and of
‘socially responsible’ businesses and their strategies. He
concludes that social screening is highly anachronistic and based
on ideologically constructed notions of corporate social
responsibility. Taking a stance against Entine’s analysis, Waddock
[
          <xref ref-type="bibr" rid="ref46">52</xref>
          ] explores the myths and realities of social investing and
provides evidence of the objectiveness of the ratings while
noting their remaining issues. We see similar tendencies of
critique and counter-critique in some of the news articles we
analyzed – two sides with reasonable arguments, and the use of
inflammatory terms elicits stronger responses from the public.
        </p>
      </sec>
      <sec id="sec-2-2">
        <title>B. Mainstream Media as Information Source in RE</title>
        <p>Chomsky [14] discusses what makes mainstream media
“mainstream”. He elaborates that most of mass media is
intended to divert attention (consumers as spectators), the elite
media is geared towards the educated, wealthy and powerful,
and most academic articles are still within the boundaries of
institutional obedience. He concludes that, from these
characteristics, we can predict what we would expect to find in the
current work – and we did.</p>
        <p>
          Kwak et al. [
          <xref ref-type="bibr" rid="ref23">29</xref>
          ] compare user-generated content to
mainstream-media-generated content, specifically around sport
communication, and concludes that message valence had a
strong impact on triggering biased source evaluation and
attitude. We see a similar tendency in the streams we analyzed.
        </p>
        <p>
          Newman [
          <xref ref-type="bibr" rid="ref26">32</xref>
          ] explores mainstream media and the
distribution of news. He highlights the contribution of social media to
social discovery and their function as network nodes for social
distribution – and points out the disruptive effects this has on
the business models of news organizations.
        </p>
        <p>
          Wright and Hinson [
          <xref ref-type="bibr" rid="ref48">54</xref>
          ] analyze the impact of social media
on public relations practices and conclude that traditional news
media still receive higher credibility than social media.
        </p>
        <p>
          Maalej [
          <xref ref-type="bibr" rid="ref24">30</xref>
          ] and Pagano [
          <xref ref-type="bibr" rid="ref27">33</xref>
          ] have used app store reviews to
extract requirements. Guzman and Maalei [
          <xref ref-type="bibr" rid="ref13">19</xref>
          ] found sentiment
analysis to be very insightful. App store reviews are
significantly different from the mainstream media analyzed in this
paper, but also use public opinions for informing RE practice.
        </p>
        <p>Guzman and Maalei also investigated Twitter messages to
understand their potential to help requirements engineers better
understand user needs, using the micro-blogging system as an
additional information source for RE. In contrast, our research
uses RE analysis to understand parallels between RE for
software intensive systems and crafting public policy.</p>
      </sec>
      <sec id="sec-2-3">
        <title>C. Challenges of data mining versus humanism</title>
        <p>
          Manovich [
          <xref ref-type="bibr" rid="ref25">31</xref>
          ] discusses the promises and challenges of big
social data with the optimistic conclusion that the new,
enlarged surface and enlarged depth could facilitate asking new
types of research questions.
        </p>
        <p>
          Kirschenbaum [
          <xref ref-type="bibr" rid="ref22">28</xref>
          ] explores the opportunity of using data
mining for literary criticism in digital humanities.
Kirschenbaum rightfully argues that literary criticism rarely uses ground
truth, and that data mining could point out outliers that
‘provoke’ human subject experts. The authors conclude that “While
there will hopefully always be a place for long, leisurely hours
spent reading under a tree, this is not the only kind of reading
that is meaningful or necessary.” (p. 5) [
          <xref ref-type="bibr" rid="ref22">28</xref>
          ] This result may
indicate that the current work may be observing some, or all, of
the same characteristics.
        </p>
        <p>
          Sculley and Pasanek [
          <xref ref-type="bibr" rid="ref36">42</xref>
          ] investigate the impact of implicit
assumptions in data mining for the humanities and argue that
the standards for evidence production in digital humanities
should be even more rigorous than in empirical sciences. Their
most important conclusion is to keep the “boundary between
computational results and subsequent interpretation as clearly
delineated as possible.”
        </p>
      </sec>
      <sec id="sec-2-4">
        <title>D. Problem analysis in other domains using RE tools</title>
        <p>
          Chandrasekaran [
          <xref ref-type="bibr" rid="ref12">12</xref>
          ] provides a task analysis of design
problem solving. Byrd et al. [
          <xref ref-type="bibr" rid="ref8">8</xref>
          ] synthesize research on
requirements analysis and knowledge acquisition techniques for
management information systems.
        </p>
        <p>
          The requirements engineering community has made
significant contributions in the area of legislative work, for
traceability and analysis [
          <xref ref-type="bibr" rid="ref2">2</xref>
          ][
          <xref ref-type="bibr" rid="ref6">6</xref>
          ], for resolving cross-references [
          <xref ref-type="bibr" rid="ref32">38</xref>
          ], for
conformance checks [
          <xref ref-type="bibr" rid="ref2">2</xref>
          ], and for technology transfer [
          <xref ref-type="bibr" rid="ref33">39</xref>
          ].
There is further work in the legislative application domains of
public governance [
          <xref ref-type="bibr" rid="ref1">1</xref>
          ], taxes [
          <xref ref-type="bibr" rid="ref40">46</xref>
          ], medical device development
[
          <xref ref-type="bibr" rid="ref21">27</xref>
          ], procurement [
          <xref ref-type="bibr" rid="ref34">40</xref>
          ][
          <xref ref-type="bibr" rid="ref35">41</xref>
          ], nuclear [
          <xref ref-type="bibr" rid="ref44">50</xref>
          ], aviation [
          <xref ref-type="bibr" rid="ref43">49</xref>
          ],
automotive [
          <xref ref-type="bibr" rid="ref23">29</xref>
          ], and corporate intellectual policy [
          <xref ref-type="bibr" rid="ref9">9</xref>
          ]. The work at
hand expands this body of work to new areas.
        </p>
        <p>Due to space restrictions, there are large areas of work
within RE which this work has not referenced.</p>
      </sec>
    </sec>
    <sec id="sec-3">
      <title>III. RESEARCH METHODOLOGY</title>
      <p>We conducted an exploratory case study over a period of
approximately one year during which we investigated public
policy topics where there was significant Main Stream Media
(MSM) press coverage. The MSM was used as an information
source, rather than the academic literature, because we were
focused upon public policy and the MSM is the principal
information source for members of the general public.</p>
      <p>The MSM was monitored using news feeds such as Google
News (https://news.google.com), content aggregators that can
be trained (via click through on articles) to perform some
degree of filtering upon the vast quantity of available material.
Whenever we identified an article related in some way to
announced public policy and the author’s commentary identified
inadequate results or unintended consequences, we then
captured that article to the document repository for later analysis.</p>
      <p>The resulting dataset is a collection of 152 articles or
documents on government policies, policy topics or policy
initiatives, government procurement and policy implementation
strategies. Sustainability was the primary focus of 37 of the
articles or documents. In each case, the topic of the article was
an initiative that was (seemingly) made with the best of
intentions. Unfortunately, the results ranged from simply inadequate
to outright failure and the incidence of (potentially large-scale)
unintended consequences was high. We include in the category
of unintended consequences, policies that even a superficial RE
analysis would identify as probably not achievable given the
solution constraints. The unintended consequences were either
explicitly identified by the author of the article or they were
identified after our own analytic efforts (e.g. diverging or
contradicting policy goals) or prior domain experience.</p>
      <p>
        As a counterpoint to the MSM sources, we also
investigated sustainability policies in California, USA [
        <xref ref-type="bibr" rid="ref9">9</xref>
        ][
        <xref ref-type="bibr" rid="ref30">36</xref>
        ]. We had
access to very detailed policy and implementation plans that
had large investments in their development and which we
expected to be of significantly higher quality than the MSM
documents and to be relatively bias-free.
      </p>
      <p>At the end of the document collection phase, the documents
were reviewed in their entirety in two sessions totaling
approximately 12 hours. We used researcher triangulation to decrease
the subjectivity bias, with the first two authors performing the
analysis in discourse and the third author reviewing the coding
and interpretation for consistency and correctness. The coding
was emergent and led to the following eight categories. Given
the topic areas, there is some potential that a document could
be coded into more than one category; the final placement was
based on discussion among the researchers.</p>
      <p>• Algorithms (e.g. big data analysis, artificial
intelligence) that have drawn sufficient attention to warrant
public policy discussions
• IT projects (e.g. large-scale publicly funded projects,
generally in support of some policy goal)
• Social (e.g. free speech, critical thinking, gender issues,
fake news, radicalism)
• Privacy (e.g. location data, social media, children’s
self-determination)
• Policy (e.g. cybersecurity, copyright, taxes, housing)
• Climate change (e.g. resilience, carbon emissions,
energy, electric vehicles, pipelines)
• Controlled substances (e.g. state versus federal law,
avoiding crime, licensing, taxes)
• Equalization (e.g. income, taxes, resources, cost of
living)</p>
      <p>During the coding phase, we attempted to identify the
challenges that the policies were meant to address and the
subsequent problems that arose because of the policy
implementation. We then mapped the results to traditional RE
nomenclature (e.g. in some articles we found indicators of inadequate
stakeholder identification). A sample of the coding sheet is
presented in Table 1.</p>
      <sec id="sec-3-1">
        <title>A. Threats to Validity</title>
        <p>This study has several validity threats that need to be
discussed. One of the significant construct validity threats is the
assumption that RE processes and policy crafting processes
share a strong parallel. We believe that the collected evidence
and discussion presented in the paper provides sufficient
evidence to support our claims. Still, further empirical validation
of this assumption needs to be performed in the future.</p>
        <p>The most significant threat to internal validity is that the
observed unintentional effects and consequences have not been
statistically analyzed or confirmed. We have not used
experimental methods to study the effect of changes in the
independent variables on the dependent variables (for example,
involving a class of stakeholders in relation to unintended
consequences). However, the study has an exploratory nature and we
do not claim that the presented consequences are complete or
true for all contexts.</p>
        <p>Conclusion validity threats have limited impact on this
study since we have not used statistical tests to obtain our
results. At the same time, We made several efforts to minimize
subjectivity and resolve potential conflicts when analyzing and
categorizing qualitative evidence. We used researcher
triangulation to decrease the subjectivity bias, with the first two
authors performing the analysis in discourse and the third author
reviewing the coding and interpretation for consistency and
correctness.</p>
        <p>Since the study is exploratory, external validity remains the
main limitation of our work. We aim for analytical
generalization rather than statistical generalization [16] and present the
case and method details to enable replications and further
studies. Still, we studied only a limited dataset of 152 articles on
government policies and policy initiatives.</p>
        <p>We note that we are taking a humanistic approach to our
analysis. While there is a significant body of research in
automated processing of news feeds and sources like Twitter,
that work generally analyzes large corpuses. Unfortunately,
that is not the way “the average person works”; they do not
read hundreds or thousands of articles on an issue, they might
read one or two. This is a substantial validity threat, but we
mitigated this risk by individually reading every article and
performing the final coding after discussion.</p>
      </sec>
    </sec>
    <sec id="sec-4">
      <title>IV. REFLECTIONS UPON THE METHODOLOGY</title>
      <p>We retrieved and analyzed 152 articles and an excerpt of
our analysis is presented in Table 1. The left column indicates
the identifier of the news item, then the category into which we
classified the article. The bottom three rows are summary rows
of the categories Controlled Substances, Equalization, and
California Sustainability Policy, as we found the results more
insightful on the aggregated level. For each row, we identify the
Goal as the original intention for the policy and the Solution
that was chosen. We then identify the Unintended Consequence
arising from that solution. We further tagged with Keywords
and identified Problems of the scenario.</p>
      <p>For example, the first row identifies the issue of the Reuters
AI, in the category Algorithms, where the decision makers had
the intention of making news faster, more accurate, and more
resilient against fake news attempts (in response to public
outcry and nascent public policy initiatives). The established
solution was to deploy 13 AI algorithms that mine Twitter feeds to
identify topics of interest. The (potentially) unintended
consequence of the desire to more quickly react to current events is
that the jobs of 2,500 highly educated and skilled reporters are
potentially being eliminated. We associated the keywords
news, media, AI and algorithms, and the main problem that all
relevant stakeholders were not considered.</p>
      <p>The retrieved articles are dominated by works wherein the
author reflects upon some policy initiative and the associated
successes and failures. These kinds of articles appear to be
inherently biased towards negative critique (perhaps in an effort
to generate more page views?) and they became a rich source,
perhaps even a treasure trove, of unintended consequences.
These articles all contain strong observer bias (they are opinion
pieces), but we use them as data sources anyway – for these are
the same data sources that shape their reader’s opinions and
perceptions. After all, just because a source is biased it does not
mean that the inherent message is not reality to the reader. We
also gathered resources for two instances where policy was
reduced to practice (sustainability and environmental policy
initiatives at California State University Long Beach and the
Port of Long Beach, including significant traditional
engineering technology analyses and engineering economic analyses).</p>
      <p>The first two authors coded the articles in discussion and
we applied significant domain knowledge of their own to
provide context for the observations and to enhance the richness of
the conclusions. This technique has the potential to provide
greater insight but is also a significant threat to validity. We are
trying to be humanistic in this work, we are analytical but not
coldly so. In other words, we are reacting as people, not as a
machine algorithm. We are observing emotional content and
there is the potential that we have introduced some of our own
emotional bias on some of the topics. For each article, we read
the content and (typically) the first 50 to 100 reader comments
(assuming that comments are present).</p>
      <p>Within the first few months of our study, we realized that
our data set would have an inherent bias: it would not be
unreasonable to assert that the MSM generally reports upon things in
a negative manner, and the associated comments are often
more extreme than the studied article.</p>
      <p>With this realization we adjusted our research effort,
focusing more of our efforts upon those reports wherein there
appeared to be unintended consequences of some public policy
initiative. We note that there were many, many reports of
unintended consequences and not all were negative. We then
refined our effort to identifying the unintended consequences and
evaluated them using a system model. Our analysis was based
on the question “If this was a software system and we were
performing a post hoc evaluation using RE techniques, what
observations and recommendations would we make?”
The complete codebook is available on Google Drive [15]</p>
    </sec>
    <sec id="sec-5">
      <title>V. OBSERVATIONS We begin each grouping of our results with a descriptive label, present our observations and, generally, present one or more (sometimes rhetorical) questions.</title>
      <p>
        Legislative Contradictions: We observed cases where
there are contradictions within legislation – how do the
individuals responsible create legislation that contradicts? Are
these conflicts deliberately created by those responsible or is
there something else influencing (and possibly corrupting) the
process? For example, on the topic of marijuana legalization,
individual states in the USA have decriminalized personal use
while federal law continues to make possession a crime.
Legislators in individual states have deliberately chosen to contradict
federal law. Would we tolerate conflicting, and unresolved,
requirements when designing a software intensive system?
Related work represented policy constraints as logic program
[
        <xref ref-type="bibr" rid="ref38">44</xref>
        ], but that is only a very first step in solving these issues.
      </p>
      <p>Same Old Problems: Despite 50 years of experience in IT
systems, the last 30 years of (approximately) which RE has
been a formal discipline, we observe that system after system
continues to experience problems such as missing requirements
and missing stakeholders. For example, the Government of
Canada embarked upon the creation of a unified payroll system
for all federal government employees. The system must
manage the contracts for hundreds of different unions, each of
which has their own pay scales, promotions, benefits packages
and retirement plans. Individual employees could spend their
entire career within a single union or change to a new union
each time they change the position in which they are employed.
RE practitioners would immediately recognize the likelihood of
a combinatorial explosion in the business rules and data
elements that must be managed and would identify the issue to the
stakeholders. In this case, the issue appears to have been
trivialized or ignored, and while we do not have any “insider
information” that would allow us to elaborate further, we do note
that the project is considered a near-complete disaster by all
stakeholders and projected implementation and remediation
costs are in excess of 400% of the original budget (the
Government recently announced1 that cost estimates have exceeded
$1B CDN and the creation of a task force to find a replacement
before this system is even fully functional). Other government
IT projects (especially those related to health care) do not seem
to fare much better.</p>
      <p>
        Holistic Perspectives: What is possible and highly desired
from a political perspective is often not possible from an
economic perspective and it seems that policy makers rarely take
this holistic view. For example, promoting the use of electric
cars should reduce CO2 emissions and is relatively easy to
justify if the only metric used is emissions per distance traveled.
However, electric vehicle production creates significant CO2
emissions [17] and the consumption of significant quantities of
rare metals. The electricity used must be generated by low
emission sources and (somehow) delivered to the vehicles. It is
well-known in electrical engineering practice that the North
1
http://www.ctvnews.ca/politics/minister-fixing-phoenix-pay-system-couldcost-1b-1.3672663
American electric distribution grid was not designed to deliver
this much energy and can only hope to do so with careful
demand management (e.g. only charge your vehicle after 9 p.m. if
you live in a residential neighborhood) unless significant
investments are made in infrastructure improvements. Despite
the challenges, to achieve the desired public policy objectives
systemic changes and early adopters will be necessary. For this,
we can use the foundations of systems thinking [13][
        <xref ref-type="bibr" rid="ref15">21</xref>
        ] and
apply them to engineering activities [
        <xref ref-type="bibr" rid="ref3">3</xref>
        ].
      </p>
      <p>
        Identifying the “Right” problem: Our review identified
numerous cases where those directly involved with a policy or
project appear to believe that they have correctly identified the
problem, and that their proposed (or actual) solution addresses
the problem. However, when other parties look at the problem
they quite strongly disagree upon the problem definition –
consider the acrimony that exists between perspectives on climate
change challenges and proposed solutions. This pattern implies
that there is a class of problems where perspective is very
important. If that is the case, is our established body of RE
practices applicable to those problems? Does RE have to evolve to
be able to support these problems or do we just ignore that
class of problems? This concern is partly addressed by some
work in RE on viewpoints[
        <xref ref-type="bibr" rid="ref42">48</xref>
        ], but only on a level of technical
representation in requirements documentation. Do these
problems also affect RE for (software-intensive and other) systems?
      </p>
      <p>
        Side Effects: When reviewing the articles, we were
repeatedly given the impression that comprehensive analyses of
potential complicating factors is either performed badly or not
performed. This is an area where RE can significantly
contribute beyond the work in [
        <xref ref-type="bibr" rid="ref49">55</xref>
        ]. For example, the Swedish
government performed an analysis that showed that (in their
opinion) too many motor vehicle accidents occurred when
overtaking (passing). To reduce the accident levels, flexible posts were
installed in numerous stretches of the roads. While these
flexible dividers may have reduced the accident rate for cars and
trucks, they have made travel more dangerous for motorcycle
riders who cannot hit these barriers without serious
consequences.
      </p>
      <p>(Magnitude of) Unintended Consequences: The
unintended consequences of the policies under investigation have a
much larger scope and scale than we expected. And, larger than
the original policy intervention necessarily would have made
many people believe.</p>
      <p>As an example, consider affirmative action policies whose
goals are to “level the playing field” between disparate groups.
Superficially, these policies obtain at least grudging acceptance
by a majority of the populace in North American jurisdictions.
However, we see evidence that different special interest groups
“weaponize” these policies, in different ways, and use them to
increase conflict rather than decrease conflict. As a result,
positions become ever more polarized and compromise solutions
become more difficult to achieve.</p>
      <p>
        Affected Domains: Different regions within a state,
province or country tend to have different social mores and these
can translate to differences in local legislation and increased
potential for conflicts. In Canada, legislative powers are
deliberately split between the federal and provincial levels to help to
address these differences. Despite the well-established
principle that federal powers overrule provincial powers, individual
provinces that do not agree with federal policy on a given topic
can, and do, attempt to override the federal policy by crafting
confounding or competing legislation within those aspects of
exclusive provincial jurisdiction. For example, inter-provincial
and international pipelines are clearly placed under federal
jurisdiction. Environmental regulatory powers exist at both the
federal and provincial levels and anti-pipeline activists attempt
to use provincial environmental regulatory powers to impede or
completely block any federal approvals for such projects.
While conflict identification and resolution have been targeted
by [
        <xref ref-type="bibr" rid="ref45">51</xref>
        ][
        <xref ref-type="bibr" rid="ref4">4</xref>
        ], these policy-level conflicts require a more holistic
level of modeling and reasoning than technical requirements.
      </p>
      <p>
        Privacy: Even though users legally agree to having their
data tracked by many of the apps and services that they use,
most people grossly underestimate the magnitude of the data
trail that they create. While this data collection activity is
presented to the user as a way to improve the user experience,
more and more users are learning that the same data can also
have significant unintended consequences – especially when
that data is licensed to a third party. We routinely see reports of
individuals that use social media experiencing negative
consequences (e.g. denied insurance claims, denied bank financing,
inability to get job interviews, etc.) [
        <xref ref-type="bibr" rid="ref20">26</xref>
        ].
      </p>
      <p>
        Public policy is responding to these reports, most notably in
the European Union, and there is increasing pressure on the
providers of these services to support correction and deletion of
data collected about individual users, including the “right to be
forgotten” [
        <xref ref-type="bibr" rid="ref13">19</xref>
        ] [
        <xref ref-type="bibr" rid="ref47">53</xref>
        ]. But, what about the effect that the data
had on the analyses before it was modified or deleted? And
how does the modification or deletion request propagate to
third parties that may have a copy of the original data or
analyses that were based upon the original data? How do we
construct requirements not just for the originating system but also
for third-parties?
      </p>
      <p>
        Biases in AI and Data Mining: Bias in automated
decision-making systems is receiving ever-increasing public policy
attention. Closely related to privacy issues, deliberate or
unintentional bias has the potential for significant unintended
consequences. The specialists in the field don’t always know why
they are accepting the results they get out of the algorithms,
leading to backlash from observers (“Will anyone ever write
another positive story about a tech startup? I said probably not”
[
        <xref ref-type="bibr" rid="ref16">22</xref>
        ]). If the algorithms that are being used to mine these data
repositories have biases (intended or unintended), they may
amplify negative conclusions about individuals that are
unfounded or unwarranted. The same technologies can also be
applied to induce bias in users, from addictive video game
properties and Facebook’s deliberate design to induce
emotional reward to the numerous reports of election interference in the
US presidential elections2 and the Brexit campaign.
      </p>
      <p>Significant elements of the technology sector could find
themselves regulated, or at least required to justify or defend
2
https://www.theguardian.com/technology/2017/oct/30/facebook-russia-fakeaccounts-126-million
their algorithms in ways that can be comprehended by policy
makers and by the general public. What happens when the
technology sector answers “We don’t know. We just know that
it (seems to) work better than anything that we have done
before.”? What will happen to “technological progress” if
everyone believes that they have “the right” to provide input any
time that they believe that this class of algorithms is affecting
their lives (or they will threaten to claim some form of
oppression or human rights violation)? How many companies that
rely upon data mining would find their business models at risk
in such a regulated environment?</p>
      <p>Deployment of these technologies in support of public
policy will require us to truly understand what is “going on inside.”
Otherwise, how do we evaluate whether we are or not
excluding people from fair treatment in our society based upon what
some algorithm returns as a result. In the world of the movie
“Minority Report”, precognition was combined with significant
technical support to eliminate murder. What happens when we
replace precognition with data mining and AI? The
computational techniques may be mathematically accurate but how do
we know if we are correctly interpreting the results? If, for
example, ethnic heritage in combination with neighborhood,
socioeconomic status and educational level, leads to a person
being identified as a potential future criminal, does that mean
the individual is indeed a criminal and should be treated as
one? Does that mean that the analysis has identified
fundamental flaws or failures in society’s structure? Even though these
factors often correlate, they are not necessarily causal and,
therefore, should we be working on fixing the cause of the
problem and not the symptom? Finally, if the models are telling
us things we don’t want to hear, then maybe the models are
simply identifying opportunities for improvement.</p>
      <p>
        Social Perspectives: We identified a pattern of hardening
of positions by factions interested in public policy topics.
Rather than looking for compromise, it appears that the factions
are treating issues as a zero-sum game: “we adopt my position,
or else…” Can RE techniques (especially those related to
conflict resolution and mediation) be used to find common ground
between these stakeholders? What does it mean to practitioners
(and society in general) when stakeholders tell us there can be
no validity in a common ground? As Brown points out, in our
current society there is a “phenomenon of you are either with
us or against us.” [
        <xref ref-type="bibr" rid="ref7">7</xref>
        ] This behavior pattern, if it continues to
grow, is serious cause for concern.
      </p>
      <p>For example, this pattern is very evident in people’s
positions about climate change. Do you believe humans contribute
to something that is called climate change? Do you believe that
greenhouse gasses can be absorbed by the environment without
significant damage or not? Do you feel we should be
minimizing our human byproducts and pollution?</p>
      <p>You can interpret these questions with sufficient qualifiers
such that eventually you will get almost every climate change
denier or promoter to agree. For example, many climate change
deniers are not against mitigation policies per se, rather they
tend to be against specific policies because they do not believe
that those policies are a cost-effective solution to the problem.
For example, taxing carbon emissions at such a level that
people simply cannot afford to travel except in absolute necessity
will have the effect of reducing emissions, but is this even
possible to implement in a democratic society where people need
to travel to work? If you believe that climate change is caused
by human intervention, perhaps you could target non-essential
travel – for example, ban tourism. Superficially, this would
create non-trivial reduction in emissions. However, such a
policy would eliminate a significant source of income for many
developing nations and seriously impede their ability to offer
public services such as health care.</p>
      <p>This is a significant unintended consequence. The policy
would destroy the livelihoods of everyone in the tourism
industry and of many third world nation service industries – is that
what the ‘environmentalists’ want to happen? We posit that this
is unlikely.</p>
      <p>
        To make this point even more strongly, the Government of
Canada attended the Paris climate convention and signed the
Paris climate accords. Later that year, the Parliamentary Budget
Office (an agency that provides independent cost analyses of
parliamentary initiatives) issued a report that sought to bring
the commitments into perspective for the average citizen
[
        <xref ref-type="bibr" rid="ref17">23</xref>
        ][
        <xref ref-type="bibr" rid="ref28">34</xref>
        ][
        <xref ref-type="bibr" rid="ref40">46</xref>
        ]. The report identified that achieving Canada’s
commitments would require emissions reductions of a
magnitude that was more than the equivalent of the elimination of all
motorized transportation in Canada – no aircraft, no shipping,
no busses, no cars, no motorcycles, etc.. How can a
government maintain any credibility with its citizens if they make
commitments that appear to be unachievable? After all,
mobility of people and goods lies at the heart of the global economy
and while the government’s actions were strongly supported by
the environmental movement, the average person’s position has
shifted toward disbelief, apathy and resentment. Rather than
fostering support for the initiative, they have created resistance.
      </p>
      <p>
        In contrast, sustainability initiatives in California underwent
significant planning efforts, culminating in realistic
implementation plans [
        <xref ref-type="bibr" rid="ref9">9</xref>
        ][
        <xref ref-type="bibr" rid="ref30">36</xref>
        ]. Even though engineering economic
analyses showed that some of the goals were not cost effective, an
informed decision was made to proceed in pursuit of those
goals – unlike the public perception of the Canadian initiative.
      </p>
      <p>Emotional Content: Emotionally charged content is
prevalent across many of the articles, as evidenced by the author’s
selection of adjectives and adverbs and by the positions taken
by supporters and detractors within the accompanying
comment sections. From the Twitter storms of President Trump and
his interactions with Kim Jong-un to people issuing threats on
social media platforms toward people who oppose their
position on issues of the day, how do we get past all of that
negativity and unwillingness to compromise to even get to the point of
being able to agree upon a goal, let alone solutions? Are these
behavior patterns evident even when performing RE for
software intensive systems?</p>
      <p>Time: The time needed to introduce and pass legislation in
support of policy initiatives (e.g. reduce industrial CO2
emissions), and to see the effects of the policies (often measured in
decades), is much longer than the average time a government
holds power (four to six years in most democratic countries).
This reality has led to two patterns: New governments try to
reverse policies set by previous governments resulting in
aborted efforts and significant waste and, in anticipation, current
governments try to establish policies in such a way that they
cannot be easily modified. What is lost if the original policy
implementation was actually going to be effective? How does a
new government undo a policy that has proven deleterious?</p>
    </sec>
    <sec id="sec-6">
      <title>VI. DISCUSSION</title>
      <p>
        Using the MSM as a data source, rather than peer-reviewed
academic papers is certainly a ‘different’ research experience.
The prevalence of opinion, often strong opinion, without
substantiating evidence converts the quality evaluation process to
one of (1) how well is the article written (for me)? (2) does the
article align with my personal biases and (3) what do I perceive
to be the reputation of the author? When one includes the
comments in the analysis, it is easy to be affected by the
strength of the (often negative) positions held by the
commenters. This negativity bias can easily be passed on to the analysts
and this contagion is a known psychological phenomenon
[
        <xref ref-type="bibr" rid="ref36">42</xref>
        ].3 Researchers interested in performing a humanistic
investigation into these materials are advised to be prepared for the
potential emotional side-effects.
      </p>
      <p>How does the MSM affect stakeholder perceptions,
opinions, and the hardening of both? There seems to be an
acceleration and hardening of positions in mainstream media – is this
something that RE might have to consider or be more
cognizant of moving forward? For example, do you send your
(politically) left-leaning team in when you have a (politically)
leftleaning client? Such a proactive effort can amplify the biases
(prejudices) but has the potential to lower the risk of
miscommunication. We take special note of the seeming rise in
ideological bias on the part of policy makers, thought leaders
and the general public. This trend toward the adherence to a
position or interpretation independent of rational analysis of the
underlying facts could have far-reaching and unexpected
effects. While we have observed evidence of ideological bias in
policy, we must ask whether this trend will have an effect on
RE for software artifacts. For example, will practitioners need
to be more diligent in exploring stakeholder statements of their
wants, exploring whether or not these wants can be evaluated
as stated (in the transition from wants to needs during
prioritization) or whether the statements must be further explored to
identify ideological biases? When attempting to understand the
risks and threats arising from this trend we are prompted to ask:
How does this knowledge inform us about how they (policy
makers, their constituents, and politicians) perceive
circumstances and issues; what gains, risks and threats does this offer
to RE practice? In this context, miscommunication challenges
can potentially be greater than anticipated.</p>
      <p>We were somewhat surprised, if not shocked, by the
number of instances of open conflict in regulations and legislation.
Perhaps we were naïve in assuming that the legal structures
3</p>
      <p>Associates of the lead author actually held what could (charitably)
be called a mini-intervention with him in an effort to determine what
had caused him to become increasingly negative over the prior six
months.
would be more organized and better structured than they are,
but we can’t help but wonder what it would be like if they were
as relatively error-free as well-crafted software.</p>
    </sec>
    <sec id="sec-7">
      <title>VII. CONCLUSIONS AND FUTURE WORK</title>
      <p>In this work, we investigated the use of the mainstream
media as a data source for an analysis of public policy and related
governmental initiatives. Our first research question asked
whether we could identify challenges associated with defining,
formulating and realizing public policies from this data source.
We were able to identify challenges by analyzing the content,
removing the commentary, then identifying the underlying
“facts”. We were also able to identify how people perceived the
challenges, which often were biased by ideology. Furthermore,
we found that the challenges do have analogs in RE for
software intensive systems, so there is potential that RE can help to
proactively identify possible public policy challenges.</p>
      <p>A metaphor that we find useful is that public policy is the
algorithm for governing the operation of the machine that is
society. As such it is easy to answer the next research question
in the affirmative: how could RE techniques help mitigate the
identified public policy challenges? We saw no evidence that
RE techniques could not be successfully applied in this
domain. Finally, we asked whether RE techniques could be used
to proactively identify possible public policy challenges during
formulation and before enactment? The final research question
is not as easy to answer. Certainly, validation and verification
techniques could be used to identify issues and mitigate risks if
the participants had sufficient domain expertise and, dare we
say it, wisdom.</p>
      <p>We see sufficient evidence for there to be a role for RE in
helping people at large to understand the technology that seems
to overwhelm them, possible consequences and side effects.</p>
      <p>While this work is another piece of evidence of the
universal nature of problem patterns and critical thinking, it has also
delivered significant context for future work. Each of the major
points in Section V could readily become a research thrust:
• Legislative contradictions
• Same old problems
• Identifying the “right” problem
• Side effects
• Magnitude of unintended consequences
• Holistic perspectives
• Affected domains
• Biases in AI and data mining
• Social perspectives
• Emotional content
• Time</p>
      <p>Upon reflection, we must also ask whether the focus of this
work is even something with which RE practitioners should be
concerned. What are, and should be, the bounds of RE? Despite
the fact we are pushing the bounds of RE, are we pushing too
far into ethics and overreaching? Are we oblivious to the fact
that there are many other people already attempting to address
these issues?</p>
      <p>Other research questions that are prompted by our
experience, but farther afield from RE include:
• Do opinion article writers become thought leaders? Are
they good barometers of the populous and their
emotions?
• Can we use machine learning across the “wisdom of
the crowd” as a means to validate what the pundits and
politicians are saying?
• Can we extract the core content of each document and
perform formal semantic analysis to identify the biases
in the presentation and to quantify the intensity of the
bias? We could attempt to identify the ideology of the
policy authors, reporters and commentators, but sense
that this is far out of our traditional field.
• Are things really “as bad” as the MSM would seem to
want to have us believe? Is it possible to know the
relative scale of the negative elements – were the reported
negatives only a small proportion of the overall
initiatives? Were the reported negatives only relatively rare
occurrences in the greater context of society?</p>
      <p>This work has proven to be a rich source of research
questions and opportunities that provide ample pointers towards
future work. First, we want to deepen our analysis using
empirical methods and expand on this exploratory study with a
quantitative analysis of evidence for said RE challenges. Second, we
want to use that data for a scenario analysis, applying RE
techniques to explore whether we can use this form of analysis to
prevent some of the unintended consequences that played out
in those scenarios. Third, we plan to detail a research agenda of
other opportunities outside of software and systems
engineering where requirements engineering techniques could have
significant positive impact and improvement potential for the
situations under analysis. Finally, we plan to perform an RE
analysis of the goals of the GDPR, their feasibility, validation
and verification techniques, and monitor for evidence of
unintended consequences.
solving:</p>
      <p>A
task
[13] Checkland, Peter. "Systems thinking." Rethinking management
information systems (1999): 45-56.
[14] N. Chomsky, "What makes mainstream media mainstream." Z
magazine 10.10 (1997): 17-23.
[15] Results Codebook, https://drive.google.com/file/d/14ErlsN</p>
      <p>OOMj79GnXknWvOxu1UtG3ZUB1_/view?usp=sharing
[16] W. N. Dunn, Public policy analysis. Routledge, 2015.
[17] Dyer, Ezra. ”That Tesla Battery Emissions Study Maming the
Round? It’s Bunk.” Popular mechanics, June 2017.
https://www.popularmechanics.com/cars/hybridelectric/news/a27039/tesla-battery-emissions-study-fake-news/
[18] J. Entine, "The myth of social investing: A critique of its
practice and consequences for corporate social performance
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